::1:: APHC010156712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7941/2025 Between: Kamanaboina Obulamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.7941 OF 2025 This Court made the following: ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.3 in issuing impugned notice vide proceedings No.RCDT/109/2025, dated 18.03.2025 directing the 2nd petitioner to remove the Constructed Compound Wall of the Petitioners within 07 days which is under the Petitioners’ peaceful possession and enjoyment of the house property bearing House in Sy No.257 to an extent of Ac.0.05 cents with an assessment No.356, situated in Sri Rangapuram Village, Thummagunta Gram Panchayat, Kanigiri Mandal, Prakasam District without following due process of law, as illegal, arbitrary and discriminative without authority and violation of the Article 14, 19 and 21 of the Constitution of India and set aside the notice dated 18.03.2025 and Consequently direct the Respondents not to demolish the existing House of the Petitioners and be pleased to pass” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land, without following due process of law. ::3:: 3. Learned Assistant Government Pleader for Revenue, admitted that the petitioners are continuing in possession of their land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioners submits that the petitioner No.1 is the absolute owner and possessor of the subject property and the said property is an ancestral house property devolved to the petitioner No.1 by way of succession from her father. Petitioners have removed the old house in the year 2019 and constructed slabbed building and have been residing in the said house. While things stood thus, respondents at the behest of petitioners’ neighbours issued impugned notice dated 18.03.2025, alleging unauthorized occupation without adhering to the due process prescribed by law, including issuing a proper show-cause notice, providing a survey report, or conducting a fair hearing. Hence the Writ Petition. 5. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ constitutional right guaranteed under Article 300-A of the Constitution of ::4:: India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioners from their property, except by due process of law. 6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 25.03.2025 krk 1 2004 (1) SCC 769 ::5:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 69 W.P.No.7941 of 2025 25.03.2025 krk